(A) the relationship between autonomy of private law and autonomy of will. The so-called autonomy of private law means that the subject of private law has the right to carry out private law acts according to his own will, and others may not interfere; The subject of private law is only responsible for the private law behavior based on the true meaning of free expression; Under the premise of not violating the law, the agreement voluntarily reached by the subject of private law takes precedence over private law. According to textual research, it was Charles, a French jurist in the 6th century A.D./KLOC-0 who formally put forward the theory of autonomy of the will or autonomy of the parties. The philosophical basis of Du Molin's principle of will autonomy is the inevitable ignorance of human beings and the fact that personal understanding is uncertain and wrong. This principle gives people the freedom and opportunity to choose. The essence of autonomy of the will is the will determinism of the parties, that is, the parties have the right to make free choices according to their own will, which is the criterion for binding their contractual relations, and the parties can and should be responsible for the choices made according to their own will. Respecting individual will and freedom of choice is not only the key to freedom of contract, but also the source of social progress. "Only in the process of conscious activity can that choice be called freedom." [1] Buchanan, a well-known economist, even thinks that the order of determining factors in obtaining benefits in a market economy should be choice, luck, hard work and birth, among which the importance of choice should be considered first. Although the idea of autonomy of will can be traced back to ancient Roman law. However, Roman law did not regard the principle of autonomy of will as the basic principle of civil law, especially contract law. In other words, although Roman law gave birth to the idea and spirit of the principle of autonomy of will, it did not abstract it into the principle of private law. It was not until the bourgeois revolution was successful that liberalism and individualism were fully respected and the idea of autonomy in private law was widely spread. Since private law is mainly represented by civil law, autonomy of private law is mainly represented by autonomy of will. On the other hand, autonomy of will is the core and soul of autonomy of private law and the highest idea of private law. Will autonomy is also closely related to civil society. The basic structure of civil society is a social system composed of contractual relations, and the bond linking the parties to the contract is autonomy. The concept of will autonomy constitutes the driving force for the development of civil society and injects fresh vitality into civil society. The concept of civil society emphasizes that the state should strictly limit its own power scope and power boundary, pay full attention to individual interests, and give full play to individual subjective initiative and enthusiasm in order to maximize social interests and achieve social fairness and justice. Therefore, the civil codes of various countries emphasize the inviolability of personal private property, freedom of contract, autonomy of the parties and fairness of interests, all in order to avoid the violation of individual rights by the state. "Within the scope of private law, the only role of the government is to recognize and guarantee the realization of private rights, so the government should be excluded from participating in the social and economic life of the country as much as possible." [2] The establishment of the concept of autonomy in private law completely negates the shackles of feudal identity relations on individuals in personal relations, emphasizes personality independence, abandons personal attachment, advocates equality of personality, and truly liberates human nature for the first time, which greatly promotes the progress of human civilization.

(2) The main content of autonomy of will. The core of party autonomy is party autonomy, which is the main legal form of free realization. The provisions of civil legislation on autonomy of will are embodied in many aspects: First, it can provide opportunities for choice and increase the efficiency of free choice. That is to say, in the form of * * * the same rule, set an alternative behavior model for civil servants in advance to regulate their free civil behavior; The second is to externalize the free will of civil servants, eliminate artificial improper obstacles and ensure the free development of civil behavior; The third is to raise freedom to the object protected by the state's compulsory force, making it "the right to engage in all activities that are harmless to others" [3], ensuring that everyone "can do what he should do without being forced to do what he should not do." [4]; Fourth, in specific civil activities, the law protects civil servants from freely choosing partners, forms and contents of cooperation. At the same time, autonomy of will is also manifested in all aspects of civil law, such as in the field of ownership, which means that everyone has to dispose of his property at will according to law; In the field of contract, there is full freedom of choice in contract content, contract form and contract object; In the field of marriage and family inheritance, it is manifested in freedom of marriage, divorce and will. In the field of civil liability, it is manifested as one's own responsibility, that is, everyone should bear the responsibility arising from his own actions independently. But freedom of will is mainly embodied in the field of contract, which is manifested as freedom of contract. The principle of autonomy of the will came into being to meet the needs of economic development, and was originally established to solve the conflict of the application of customary law. In the19th century, in the massive written law movement, the ever-developing principle of autonomy of the will was endowed with a deeper connotation and a more solemn mission. The French Civil Code (1804) initiated the freedom of contract, which not only clearly inherited the idea of autonomy of private law in Roman law, but also expounded the idea of freedom of contract systematically and normatively through legislation for the first time. Although there is no separate "freedom of contract" clause in this code, people can still interpret the basic principles of contract law from the specific contract system. Article 1 134 of the law stipulates: "A contract established according to law has the same legal effect between the parties. The contract mentioned in the preceding paragraph can only be cancelled by mutual consent or for reasons prescribed by law. " Article11kloc-0/stipulates: "A contract is an agreement, according to which one person or several people are liable to others for payment, action or omission." Article 1 156 stipulates: "When interpreting a contract, both parties should seek the same meaning and not stick to words." When there are two interpretations of the text, the interpretation that is most suitable for the purpose of the contract should be adopted (Article 1 158). It can be seen that the French Civil Code advocates the agreement of the parties, whether it is the establishment, validity, interpretation or dissolution of the contract, it is in line with the spirit of Roman law. Subsequently, Article 305 of the German Civil Code (1896) stipulates more clearly: "As long as there is no law to the contrary, the parties agree that the debt (rights and obligations) relationship can be established. You can also change the content of the debt accordingly. " Article 19 of the Swiss debt law stipulates: "The contents of a contract can be freely concluded within the limits of law." Freedom of contract is not only the basic principle of continental law countries, but also the basic principle of civil law in common law countries. 18 and 19 centuries in western countries, individualism prevailed, and individual property rights and freedom of activity were regarded as above everything else. Accordingly, during this period, the judges of English courts also pursued the philosophy of non-interference, thinking that the function of contract law was negative, and his main purpose was to let people realize their wishes. The law should not restrict the right of the parties to conclude a contract, nor should it interfere with private contracts under any pretext. "What the law has to do is to help one party when it breaches the contract or fails to perform its obligations." [5] American contract law is deeply influenced by Britain in terms of contract rules, and the principle of freedom of contract is also respected and confirmed. "Protecting the right of private free contracting has become the primary goal of the law. In the concept of Americans at that time, justice, by its nature, lies in maintaining legal contracts. " [6] Autonomy of the will, individual standard and supremacy of rights have become the theoretical pillars and cornerstones of the private law system in the period of free capitalism. [7]

(3) The ethical significance of autonomy of will. The pursuit of freedom is the innate nature of human beings, and it is also the basic guarantee that human beings must have in the modern sense. 1789, the French Declaration of Human Rights, clearly affirmed the freedom of citizens in the form of legislation for the first time. Article 2 of the law stipulates: "The purpose of any political combination is to safeguard the natural and unshakable rights of the people. These rights are freedom, property, security and resistance to oppression. " It is no exaggeration to say that the development history of human society is also the development history of freedom, and the continuous progress of society means that human beings are constantly moving towards freedom. Freedom in modern society is different from freedom in ancient times in meaning. Gong Shidang believes that the freedom of ancient people's understanding is mainly a kind of civil right, that is, the right to participate in public affairs debate and decision-making. But in ancient times, there was no clearly defined private sphere and no individual rights. For modern people, "freedom is the right to be arrested, detained, executed or abused in some way because of the arbitrary will of one or several people." It is everyone's right to express opinions, choose and engage in a certain occupation, and dominate or even abuse property. This is the right to migrate without permission or explanation of motives or reasons. [8] For civil legislation, it is more urgent and necessary for the law to confirm and protect freedom. The reason is that civil law itself is the product of freedom and the main embodiment of the rise of free economy into law. On the other hand, the realization of freedom in society is always inseparable from rules, and freedom is manifested as freedom within the scope of rules. In a society ruled by law, rules are mainly manifested in laws, so freedom needs to be restricted and realized by laws, and freedom is correspondingly manifested as freedom within the scope of laws, as Montesquieu said in the book Spirit of Law: "In a country, that is, in a society with laws, freedom is just that a person can do what he should do without being forced to do what he should not do. " [9]

(2) The economic basis of the autonomy of the will. The principle of autonomy of private law in law is closely related to the thought of free economy in economics. In the period of free capitalism, commodity economy has been fully developed in free competition, and market rules are to modify economic life spontaneously with free competition. The development of commodity economy, the gestation and development of market economy and the bourgeois revolution that followed have realized the first social transformation of human society from agricultural era to industrial economy era. At this time, productivity was greatly improved and social wealth was unprecedented. In order to protect private property from infringement, the bourgeoisie put forward the slogan of "inviolability of private property" and improved the ownership system in civil law accordingly. This legal premise and foundation promotes the acceleration of commodity circulation and frequent trading activities, thus making the market gradually become the center of economic life and the basic link and leading means of resource allocation. Adam, master of classical economics? Smith paid full attention to the great promotion of free economy to social and economic development, and excluded the country from economic life. He believes that every economic man is guided by an invisible hand to promote a purpose that does not belong to his original intention when pursuing his own interests. So the best economic policy is economic liberalism. Everyone can compete freely on an equal footing, which can not only promote social prosperity, but also satisfy personal interests. The task of the state is to protect free competition, not to interfere with it. The classical physiocratic school believes that human society, like the material world, has objective laws that are independent of human will, and this is the natural order. Personal freedom and private property are the basic rights of human beings stipulated by the natural order and the basic contents of natural human rights. The essence of natural order lies in the unity of individual interests and public interests, which can only be realized under a free economic system. Adam, an economist as a master of classical economics? Smith developed and perfected this thought of economic liberalism, taking individualism as the basis of "natural free economic system". "Everyone is constantly trying to find the most beneficial use of the capital he can control." [27] Smith believes that the individual is the best judge of his own interests, and it is wise to let each individual choose his own path independently in the field of economic activities. He believes that individuals are born for their own interests. As long as he does not interfere with his free competition, the greater his personal interests, the richer the society will be. Therefore, people should be allowed to manage industry and trade according to their own wishes. "Everyone is constantly trying to find the most favorable use for the capital at his disposal. Of course, he is not considering the interests of society, but his own interests, but his study of his own interests will naturally lead him to choose the most beneficial use for society. " "This time, under the guidance of an invisible hand, he tried his best to achieve a goal that was not his intention. Nor will it cause harm to society because things are not intended. His pursuit of his own interests often enables him to promote the interests of society more effectively than he really intended. " [28]

Freedom of contract is also closely related to market economy, and freedom of contract is the basic legal form that market economy can play its role. On the other hand, it is the natural attribute of market economy that breeds the idea of freedom of contract. Market is a fixed place for commodity exchange, which is not only the inevitable product of commodity production and the necessary condition for realizing commodity value, but also an important part of market economy and the accompanying result of social division of labor and commodity exchange. In this regard, Lenin once pointed out: "Where there is social division of labor and commodity production, there is a market." [29] The so-called market economy is an economic operation mode or economic operation mode that regulates the allocation of social resources and market behavior by market mechanism. The market is not only the result of trading, but also the place where personal interests can be realized. "The earliest and simplest way of exchange in human history is reciprocity. He refers to giving something to others, expecting the same thing or other benefits in return. Reciprocal transactions are economic exchanges, but they are personalized exchanges between relevant people and are also used to strengthen this bond. " [30] "If a person asserts-as they say, people are selfish in nature. They are essentially allowed to act for their own interests in many things. Then, he will think about what happens when people meet-they will meet unless everyone is Crusoe (because one more person will make the exchange necessary), and there is no Crusoe on Friday. This venue is the market. " [3 1] In line with this, the law should protect the equal status among market participants, the free expression of the parties and the order of free competition. Contract has a strong utilitarian color of equality, freedom and secularity, which represents almost all the characteristics of commodity economy. Freedom of contract has found the most suitable living soil in the market economy, and it also provides a good legal guarantee for market participants to enter into contracts in the spirit of self-pursuit and self-responsibility in order to seek the greatest economic benefits. Aristotle once said a famous saying: "Man is born a political animal." [32]. But people are also economic animals, that is, economic people. Although the functions of political man and economic man are different, economic man and political man always get the maximum benefit with the minimum cost under the established constraints. In this sense, a politician is nothing more than an economic man who is active in the political field. [33] The subject of market economy is also economic man. According to the bourgeois classical economist Mill, the so-called economic man is a person who can calculate, be creative and seek to maximize his own interests. [34] and requires that people must be rational people. The so-called human rationality means that everyone can optimize all the opportunities and goals he faces and the means to achieve them through the principle of cost-benefit or the principle of seeking advantages and avoiding disadvantages. Marx once pointed out: "The economic role played by people is only the personification of economic relations, and people, as the undertaker of this relationship, are opposed to each other." [35] People are animals that seek advantages and avoid disadvantages. "Guanzi" said: "Don't give up when you see Li Mo, and don't avoid when you see harm. Its businessmen know Jia, and they travel day and night. People thousands of miles away benefit first. When a fisherman enters the sea, which is deep in Wan Ren, he will swim against the current and make a dangerous journey of a hundred miles. Those who spend the night will benefit from the water. So, where is the benefit? Although the mountains are thousands of miles away, they are everywhere. Under the deep source, it is everywhere. " [36] The essence and basic value orientation of human behavior is that the two benefits are the most important and the two harms are the least. The basic behavioral characteristics of people in multiple behavioral choices are the tendency and ability to arrange and choose the best. This value orientation of choosing the best from many can lead to the realization of maximizing self-interest. Of course, in a rational society, the individual's pursuit of profit should be limited by certain applicable conditions. When Weber demonstrated that the so-called rational capitalist spirit is in harmony with capitalist economic behavior, he summarized this capitalist spirit as follows: (1) Pursuing money itself is the purpose of life, not just a means to get rich; (2) regard efforts as a responsibility and a moral obligation; Expected profits should be obtained reasonably, strictly calculated and peacefully. The pure desire for profit and the pursuit of profit and money have nothing to do with capitalism itself. "On the contrary, capitalism is more about suppressing this irrational desire, or at least alleviating rationality." As a rational person, he should pursue the expected profit rationally, systematically and continuously.

Thirdly, the limitation of the principle of autonomy of the will and its relationship with relevant civil law principles.

To sum up, the principle of autonomy of will, as a basic principle of civil law, is not only the objective need of social and economic development, but also the embodiment of human basic ethical requirements in civil law. The various restrictions made by law on this principle are to give full play to the positive role of autonomy of the will, restrain its negative interests, and finally realize the balance between personal interests and social interests. Correctly applying the principle of autonomy of will can not only cultivate the concept of civil society, but also truly realize the transformation from "political man" to "economic man" and "ethical man", and effectively realize the sublimation of human freedom and human value.